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(영문) 광주지방법원 2014.12.23 2014가단36165

약정금

Text

1. The Defendant’s KRW 40,000,000 as well as the annual rate of KRW 5% from June 19, 2014 to July 2, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On July 10, 2013, the Plaintiff received a decision on provisional seizure against real estate owned by Nonparty Company 2013Kadan4281 in order to preserve the loan claim amounting to KRW 60 million against Nonparty Co., Ltd. (hereinafter “Nonindicted Company”).

After that, the non-party company deposited the amount of KRW 60 million for the provisional seizure against the above real estate as KRW 7180 of this Court in 2013, and the execution of provisional seizure against the above real estate was revoked on August 30, 2013.

B. On July 24, 2013, the Plaintiff filed a lawsuit against Nonparty Company and D, who is its representative director, seeking payment of loans of KRW 60 million with this court’s 2013da44381. On April 18, 2014, the following adjustment was established.

“1. The Defendants (foreign companies, and D) jointly and severally pay KRW 40,000,00 to the Plaintiff by April 30, 2014. If the Defendants delayed the payment of the said amount, the Defendants shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the day following the date of the payment to the day of the full payment. 2. The Plaintiff waives the remainder of the claims against the Defendants. 3. The Plaintiff agreed to the collection of the deposit money for marine deposits deposited in order to revoke the execution of provisional seizure against real estate (No. 2013Kadan4281) by the Defendants.

C. On April 25, 2014, the Plaintiff withdrawn an application for provisional seizure against the said real estate on April 25, 2014, in accordance with the proposal of Non-Party representative director D, that the Plaintiff would first withdraw the provisional seizure against the said real estate and pay the said amount for the aforementioned adjustment.

On April 25, 2014, the Defendant: (a) based on the executory exemplification of a notarial deed with executory power on April 25, 2014, the Defendant used Nonparty Company as the obligor, the third obligor of the Republic of Korea, and the amount claimed as KRW 60 million; and (b) the amount of the marine deposit held by Nonparty Company against the Republic of Korea by this Court as KRW 2014TT70,000,000 and interest thereon.